Divorce

 If the time has come to dissolve your marriage, ClarksLaw LLC can guide you and represent you through this process to help it go as smoothly and successfully as possible. Georgia divorce law can seem complicated at first but ClarksLaw LLC will take the time to explain the entire process and make sure you know what to expect at every step. Even more importantly, we approach every case with diligence and dedication to make sure you are fairly represented in every aspect of your divorce settlement and court orders regarding the property division, child custody, alimony and more. 

If you have a minor child or children (under the age of 18) then who gets primary custody of the children is the first issue you want to consider. Unless you and your spouse are able to agree the Court will have to decide the best interest of the child(ren) as it relates to where the children will live the majority of the time. 

The court will review all circumstances of the parties to determine custody.  The judge considers many factors when deciding custody The factors include the following:

      • Age and sex of the child

      • Compatibility with each parent

      • Ability of each parent to care for and nurture the child

In general the Court will decide on one parent to have primary custody of the child(ren), that is the place where the children will live the majority of the time. The court considers it important for a child to maintain a relationship with both parents; therefore, visitation rights are awarded to the parent who is not given primary custody of the child.

In Georgia, both parents are required to support their children until a child reaches the age of 18, dies, graduates from high school, marries, emancipates or joins the military; however, support can be extended past the age of 18, such as in the case of a child who is still in high school. In General the parent who is not the primary physical custodian will pay support to the other parent. 

Child support takes into account the income of both parties as well as other factors such as other children living in the home, travel expenses related to visitation, payment of health insurance premiums, child care expenses as well as other factors. 

The parties to a divorce action may enter into an agreement settling all questions of child support instead of contesting the issues before the court and the court may approve the agreement, in whole or part, or refuse to approve it altogether. A decree that provides for child support is enforceable by action for contempt.

Marital property (assets) and debt is all property and debt  acquired during the marriage, except for that property received by gift from a third party or by inheritance. Each spouse is entitled to an equitable share of all marital property and debt acquired during the marriage. It is important to keep in mind that equitable is different from equal. Equitable means a fair and impartial decision made by the court (or agreed upon) that takes into account all of the circumstance of the divorce and makes the decision as to who gets what asset and debt based on those factors. 

A claim for division of property can be tried before a court, or the parties may agree upon a property settlement and have it incorporated into the decree. Once a division of property is made part of the judgment, it may be enforced just as any other part of the judgment may be enforced.

There are attorney’s that will claim to handle your divorce on a flat fee basis. While this may seem attractive such arrangements rarely work out well once time has passed and other cases begin to take priority and as every set of facts is different. As I understand the financial uncertainty of divorce I set my retainer amounts based on each set of facts and they are always very low. Also, my hourly rates are likely to be lower than most attorney’s you will find. Call me today at (770) 386-8600 for a free consultation. 

Almost without exception the answer is absolutely YES. This kind of law is more complex than it appears and the consequences of a mistake can haunt you for the rest of your life. While you have every right to do so it is never a good idea to try to represent yourself. It is far more expensive to try to fix a poorly drafted divorce than to hire Attorney Marc Clark to get it right the first time. Also, if you find yourself before a judge you will be expected to know and follow all of the rules of the Court and the evidence code.